Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: June 2020

Accident

Accident – Rash and negligent driving – Compensation – Enhancement of – Orthopedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work .Whole body disability assessed at 32%. HELD Appeal allowed. High Court for inexplicable reasons opined that it would be reasonable to determine the whole body disability at 20%

Jun 16, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SAVITHA — Appellant Vs. M/S. CHODAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and…

Service Matters
Service

Constitution of India, 1950 – Article 32 and 142 – Appointment – Post of Police Sub-Inspector – Selection and appointment of the 133 candidates are passed in the peculiar background of the litigation starting from the advertisement in the year 2004 and several rounds of litigations during the past fourteen years, in exercise of jurisdiction under Article 142 of the Constitution of India and the same shall not be treated as a precedent.

Jun 13, 2020 sclaw

Docid # IndLawLib/1467956 SUPREME COURT OF INDIA FULL BENCH NIRBHAY KUMAR AND OTHERS — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhushan, M.R. Shah…

Constitution

HELD Invocation of the jurisdiction under Article 32 is not a bona fide recourse to the jurisdiction in a public interest litigation. Consequently, besides dismissing the petition an order directing the imposition of exemplary costs is necessary – This Court accordingly dismiss the petition and impose costs quantified at Rs 5,00,000 on the petitioner.

Jun 13, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UMEDSINH P CHAVDA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud, Hemant Gupta and Ajay Rastogi,…

Accident

HELD High Court has committed error in granting only 15% towards future prospects instead of 30% – As per the judgments of this Court primarily the age group is to be considered – Considering the age group as 40 to 50 years, when the multiplier of 13 is maintained by the High Court, there is no reason or justification for reducing the compensation by granting 15% towards future prospects – Appeal allowed.

Jun 13, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M.H. UMA MAHESHWARI AND OTHERS — Appellant Vs. UNITED INDIA INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : N.V. Ramana, R.…

Labour Cases

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order HELD “No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”

Jun 13, 2020 sclaw

SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Read Order] LIVELAW NEWS NETWORK 12 Jun 2020 10:58 AM The Supreme…

Constitution

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs HELD “We direct the banks and financial institutions to release loans to home buyers, whose loans have been sanctioned, notwithstanding the fact that their accounts are declared as NPAs. Let there be restructuring of the loan amount”.

Jun 10, 2020 sclaw

Amrapali : SC Asks Banks To Release Balance Funds To Homebuyers, Despite Accounts Being Declared NPAs [Read Order] LIVELAW NEWS NETWORK 10 Jun 2020 9:42 PM In a relief to…

Accident

Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation -Motor Accident – Rash and Negligent driving – Physical functional disability – Enhancement of compensation – HELD appellant is therefore held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with the salary of Rs.5,500/­with multiplier of 14 at Rs. 6,93,000/­.

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SRI ANTHONY ALIAS ANTHONY SWAMY — Appellant Vs. THE MANAGING DIRECTOR, K.S.R.T.C. — Respondent ( Before : R.F. Nariman, Navin Sinha and B.R.…

Property Matters

Housing – Recovery of amount of interest – Noida and Greater Noida Authorities HELD A prayer made the authorities be given liberty to recover amount of interest from the builder at the contractually agreed rate under the lease deed – It was lastly and rightly pointed out that the Court can fix a reasonable rate of interest – Considering the present scenario, This Court feel that the aforesaid submission is justified

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BIKRAM CHATTERJI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw